Legal Malpractice Attorney
Legal malpractice happens when a lawyer breaches the requisite standard of care customary to the practice of law.
Unfortunately, even attorneys with good intentions can sometimes make mistakes. When a lawyer fails to act with common caution and the client experiences either a lost case or is forced to settle for a much lower amount, legal malpractice may have taken place.
Legal malpractice cases are complicated as the client might now have to prove up two cases: that the attorney committed negligence, and that the case would have ended up much differently.
Understanding the Most Common Legal Malpractice Claims
Legal malpractice cases commonly have multiple layers to them, usually because they involve a lawsuit or complicated business transactions. It is up to the court and jury to discover if the attorney in question acted negligently, but numerous things can support this effort. While not every error an attorney makes can be grounds for legal practice, there are a handful of common ways lawyers can make an error and increase their likelihood of being sued:
- Missed deadlines
- Abuse of finances
- Insufficient investigation
- Inadequate discovery (such as failing to talk to a particular witness)
- Lack of communication or errors during the communication process
- Lack of expertise
- Failure to apply the law
- Lack of consent
- Failure to correctly follow directions
- Errors in strategy
- Errors during the planning phase of a case
- Conflict of interest
- A lawyer ignoring his or her client
Proving Legal Malpractice
You have to be able to prove the following to seek a legal malpractice claim:
- The lawyer owed his or her client a duty of care.
- The attorney breached that duty of care.
- By breaching that duty, the lawyer directly caused damage to the client.
In summation, you have to prove that you had a legal relationship with the lawyer, and this individual did not meet the legal profession's standard duty of care.
At Thomas K. McKnight, we take great pride in taking a direct, honest approach to every client. Communication is one of the most important factors and something you can rely on us to maintain.
If you have any questions regarding filing a legal malpractice claim, or if you think your lawyer acted negligently and your case suffered, schedule a free consultation with us.